Early Wednesday, January 9th the Mayor of Boston
declared a Public Health Emergency in response to a very severe flu
season. In interviews with USA
Today Mayor Menino indicates that they are trying to drive home the
severity of the flu but other things come with a governmental declaration of
disaster, suspension and eligibility for waivers concerning certain rules and
ordinances.
As it relates to hospital the major question arises around a
waiver for 1135 concerning alternative care sites which was hotly discussed during
the H1N1 outbreak of 2009. It was such a
big deal and alternate care sites such as Flu Tents were common that CMS issued
an FAQ
about it. One of the key steps or
necessities of such a waiver is a governmental disaster declaration.
Depending on where you read some references a presidential declaration
and other places it just mentions a declaration as a necessary element for a
waiver of 1135. There is enough ambiguity
for the lawyers to earn their keep.
Here are some links to more documents regarding recent
waivers:
Requesting an 1135 Waiver:
CMS Hurricane Sandy Waiver: http://www.nj.gov/health/healthfacilities/documents/hurricane_sandy_1135_blanket_waivers_approved.pdf
Secretary Sebilius Notifying Congress regarding Sandy
Waiver:
WAIVER OR MODIFICATION OF REQUIREMENTS UNDER SECTION 1135 OF THE SOCIAL SECURITY ACT as it
relates to H1N1: